So explain to your insurance adjuster that you should bear LESS blame, and provide some evidence in your favor.
Once I got into an accident pulling into traffic. Originally my insurance company was going to assing me 100% of blame, until I pointed out to the adjuster that the other party, if they are turning in from a cross street, should NOT have crossed over two lanes of traffic, but into the closest lane. By crossing two lanes of traffic (and running into me) she bears at least half of the blame. My insurance company agreed, after I printed out a map (from Google Earth!) and drew the way it happened. I even got my deductible back.
On the other hand, any sort of front-rear collision is likely to be attributed to the car following, for not keeping safe distance and all that. Yes, done that before.
Ask your insurer WHY you are being assigned 100% of the blame, and let them explain to you, and if you see any flaw in their logic, then provide some evidence to refute them. As others stated, insurance company is there on YOUR behalf, and they don't want to pay out more money than they have to.
2006-12-04 17:23:46
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answer #1
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answered by Kasey C 7
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The insurance company employees are the professionals. You didn't tell us what happened in your accident. We love to weigh in with our opinion (well, those of us who do it for a living live to do it here too!). In any event, your contract with your company says they can pay for losses which they determine you are legally liable for. The contract doesn't require your consent or agreement with that decision.
Also, insurance companies who do good investigations don't use boxes checked on police reports to make their decisions!
With regard to an investigation, if you disagree at the initial level, you can go up the chain of command in the management ranks or even contact the state department of insurance. However, there's probably a very good chance that their investigation was sound and based on the evidence they received, so those efforts will probably be fruitless. Sometimes it's hard to accept a decision like that and you convince yourself it's not your fault. That happens. Most carriers will tell you that if they had any basis for a denial of someone's claim they would deny it. But they can't deny a claim if the evidence shows they owe it. That's how they protect you from suits, etc.
Attorneys don't normally take cases like that. There's no monetary benefit to having the insurance compnay change their mind.
2006-12-05 11:20:43
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answer #2
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answered by Chris 5
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Sometimes you are just at the wrong place at the wrong time.
Insurance companies usually side with their insured, unless their insured is really at fault. You think your insurance company wants to pay out on your accident? no they don't.
As far as I'm concerned you don't even know if you are being sued yet. Just because you got into an accident, doesn't mean you are getting sued.
Why do you have insurance? You have insurance, in case **** happens. An accident is one of those things. Let your insurance company take care of you, thats what they are there for. If your insurance goes up, look for another cheaper insurance carrier.
If you don't get sued, what are you going to do? You are not being sued personally. So I wouldn't loose sleep over it.
2006-12-04 16:43:49
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answer #3
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answered by Rica 82 5
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most states that I know of have a place on a police report that indicates who is at fault (it's coded so that the average joe can't read it) even though the description of the accident may read otherwise, it's probably that info that the insurance company is using
2006-12-04 20:54:41
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answer #4
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answered by Anonymous
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by contract, insurance companies can elect to pay or not pay a loss to a third party based on the outcome of their investigation. What you can do is ask them how they arrived at their decision. Your insurance agent could also advocate for you.
2006-12-05 10:00:45
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answer #5
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answered by RYAN 2
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They ARE professionals.
2006-12-05 05:50:24
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answer #6
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answered by Anonymous
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